Letters Patent Appeal dismissed. State failed to produce judgments distinguishing the similar precedent relied upon by the Single Judge, preventing consideration on merits. Delay condoned.
Letters Patent Appeal No. 855 of 2019 dismissed without appreciating merits due to failure to distinguish precedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.855 of 2019 In
Civil Writ Jurisdiction Case No.15444 of 2014
======================================================
... ... Appellant/s
Versus
Baban Prasad Singh S/o Shree Daroga Singh, Assistant Teacher, Smt. Uma Pandey Ram Lakhan Das Project Girls High School, Harpur Karah, P.S. Baniapur,Dist.Saran at Chapra
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ajay Behari Singh, GA8 Ms.Seema Ghazala, AC to GA8 Mr.Suryakant Kumar (Ac To Ga8) For the Respondent/s : Mr.Bipin Bihari Singh,Advocate Mr.Shyama Kant Singh, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-03-2024
The present LPA is filed by the State in assailing the order dated dated 07.08.2018 passed in CWJC No. 15444 of 2014.
Re:I.A. No. 1 of 2019
filing LPA No. 855 of 2019. For the reasons stated in application and affidavit, there is a delay of about 323 days. Perusal of
Patna High Court L.P.A No.855 of 2019 dt.07-03-2024 2/3
condonation of delay application, it is as usual that the file was passing from one department to another department or from one officer to another officer. Even the respondent has not filed objection to I.A. No. 1 of 2019 for condonation of delay, even after lapse of about 5 years. However, in the interest of State delay of 323 days stands condoned.
“3. He submits that the case of the petitioner is similar to the case of Maheshwar Prasad Singh, and similar other cases, i.e., CWJC No. 13159 of 2015 order dated 22.2.2015 and CWJC No. 12531 of 2014 order dated 26.7.2018 and petitioners of those cases were granted relief the respondent. If the case of the petitioner is similar to that of Maheshwar Prasad Singh case, the respondents are required to grant same relief to the petitioner in the light of litigation policy 2011 and judgment of the full Bench reported in 2018 (2) PLJR 929. Final decision on the claim of the petitioner may be taken by the respondent in the light of decision of CWJC No. 12531 of 2014 and other cases mentioned therein within a maximum period of four months from the date of receipt/production of a copy of this order.”
Patna High Court L.P.A No.855 of 2019 dt.07-03-2024 3/3
apprise this Court as to how the case of the respondent is different from the Maheshwar Prasad Singh. In the absence of production of those judgments and appraised in what manner present case is different and factual aspects of the matter is not pleaded with reference to relevant paragraph of judgment cited. Even after 5 years from the date of filing the present LPA No. 855 of 2019. That apart State counsel is not in a position how the LPA is to be considered on merit. Accordingly, the present LPA No. 855 of 2019 stands dismissed.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
abhishekkr/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.03.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether an identical matter cited as already decided justifies granting the claimed relief in the absence of distinguishable facts or judgments produced by the appellant.
Whether an appellant has failed to discharge the burden of distinguishing a similar precedent cited by the lower court in an appeal.
Colour shows how this judgement treated each authority
unspecifiedReferred¶21
CWJC No. 13159 of 2015
unspecifiedReferred¶21
CWJC No. 12531 of 2014
Maheshwar Prasad SinghReferred¶21
(2018) (2) PLJR 929
State Of Bihar through the Principal Secretary, Education Department
Baban Prasad Singh
P. B. Bajantri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
